Resolution Backs Law Commission for Reform on Matrimonial Property Rules

Resolution has backed the Law Commission’s call for a reform of matrimonial property law. This confirms that the current rules are ‘not sustainable’


Resolution has responded to the Law Commission’s consultation in this area. The group talked of a ‘reformed discretionary approach’ to the calculation of the payment of spousal support, stating:

“We are concerned that limits should not cause hardship to wives over 55 years of age who have not worked during the marriage. We also consider that there is merit in reform to prompt the courts to fully and properly consider the exercise of their powers. For example, the experience of some of our members is that the courts simply ignore the question of any increase in earning capacity which it would be reasonable to expect a party to take steps to acquire.”


Resolution’s 6,500 members are family lawyers and other professionals committed to the constructive resolution of family disputes.